Ajay Gupta’s Answers

If the notice of motion from automatic stay is granted, can mortgage company start eviction (ie. 3 days to vacate property)?

I filed chapter 7 BK on Dec 2011 and I included my house. The trustee place the house on short sale even before my case was discharged on Mar 2012. I received a notice from the US Bankruptcy Court District of NV stating that the mortgage company i...

Ajay’s Answer

April 24, 2012 4:51pm

1. They cannot start the eviction process until the foreclosure is complete.
2. Once the NOD is recorded, a Notice of Sale will be issued after 90 days. That is a 21 day notice. Typically, the sale takes 4 - 5 months from the date the NOD is issued.
3. Once the sale occurs, then they can start the eviction process.